HomeMy WebLinkAboutContract 16491 CITY SECRETARYg�
THE STATE OF TEXAS § CONTRACT
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
This contract and lease made and entered into this day
of —J ,.-ktk A. D. f�, by and between the City of
Fort Worth, a home-rule municipal corporation of Tarrant County,
Texas, acting herein by and through its duly authorized City Manager,
David Ivory, hereinafter called "CITY, " and General Dynamics
Corporation, a Delaware corporation, duly authorized to do business
in the State of Teras and maintaining an office and place of business
(Fort Worth Division) in ;,ort Worth, Tarrant County, Texas, herein-
after referred to as "GENERAL DYNAMICS".
W I T N E S S E T H
That for and in consideration of the payment by General Dynamics
to City of the sum of Two Thousand, Five Hundred and N01100 Dollars
( $2,500.00) as lease rental for each of the five (5) years of the
primary term and the sum of Two Thousand, Five Hundred and No/100
Dollars 02,500.00 ) per annum for the optional subsequent secondary
term of five (5) years; City hereby grants, demises and leases unto
General Dynamics the surface use of the following lots, tracts or
parcels of land situated in Tarrant County, Texas, and being more
particularly described as follows:
All of that certain tract of land lying in the D. E.
Norton Survey within the City of Fort Worth, Tarrant
County, Texas, and being more particularly described
as follows:
BEGINNING at the southeast corner of the D. E. Norton
Survey, also a Lake Worth Boundary Monument Number 17;
THENCE, north 0 degrees 43 minutes east along the
east line of the said Norton Survey also along an
easterly Lake Worth Boundary Line a distance of 473
feet to a point for corner;
THENCE, north 88 degrees 59 minutes west a distance
of 97.97 feet to a point in the center of Bomber
Road;
'
THENCE, southerly along the centerline meanders
'ur said Bomber Road as folzm^o;
Taomco, south 20 _degreeo 29 minutes
west a distance of 116 feet;
rHomCo. south 36 degrees zo minutes
west a distance of 202.1 feet,
Taomoo' south 20 degrees 27 .minutes
*aot a distance of 212,9 feet to a
point in a southerly Lake Worth
Boundary line also a point in the
south line, of the said Norton Survey;
THomoo^ south 89 degrees 22 minutes east along said
Norton ouotb line and said southerly Boundary line
a distance of 326.5 feet to Labe worth Boundary
Monument Number 17, the place of beginning save and
except a 30-foot strip from the centerline of said
Bomber Road easterly with said eoom meanders being '
reserved for road right-of-way.and containing z acres
of land, more or less.
This agreement shall be further subject to the following
terms, promiseo, agreements, conditions and covenants:
l.
That the primary term of this agreement shall be for a period
of five (5) years with an option to renew for a period of five (5)
additional years, which option to renew must be exercised, if at
all, by notice in writing to City at least sixty (60) do%a prior to
the expiration of the primary term, that said five (5) year primary
term shall commence on the _��L_day of A. D.
/ v
19Ye and shall terminate on the y of ' A. o'Wfj-
le*a/ that the optional renewal term, if exercised by General
Dynamics, shall commence on tbe _ _day of ' A. D.
I1 . and shall terminate on the . ay ot �/<����~=�' A, o.Cj94
9 [/�
/
2,
General Dynamics hereby covenants and agrees that payment of
the auovaz rental to the City shall be momo in cash, at the office
of the Real Property Management oen~ city of Fort wnrtb^ Texas 76102.
on or before the zot day of each year during
the term of this agreement. '
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3.
General Dynamics hereby covenants and agrees to use the
hereinabove described property solely for a parking area, which
parking area shall be used in conjunction with the General
Dynamics plant.
4.
General Dynamics agrees and covenants that it will at its
sole expense, keep and maintain the demised premises in good
condition; that General Dynamics will do all work and make all
repairs necessary or advisable to keep the paved surface at the
demised premises from deteriorating in value or condition and to
restore and maintain the demised premises, normal wear and tear
excepted; General Dynamics further agrees to maintain and police
the area in order to keep the premises in a clean and sanitary
condition at all times in accordance with all ordinances and regu-
lations of the City of Fort Worth. In this connection, General
Dynamics shall permit City's agents, servants or employees to make
inspection of: said premises at any time. City shall have the right
and privilege,through its agents and officials to make inspections
of the demised premises and thereafter to make recommendations to
General Dynamics of any repairs that, in City's opinion are nec-
essary to be performed by General Dynamics upon the demised premises
in accordance with the foregoing. In this connection, General
Dynamics covenants and agrees that it shall, within thirty (30) days
from the date that such recommendations are made, make complete
arrangements for the making of such repairs. In the event that
General Dynamics shall fail to undertake such recommended repairs
within the time provided, it is understood and agreed that City
may, within its discretion, undertake to make such repairs as it
may deem necessary for and on behalf of General Dynamics, and in
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such event, the cost of such repairs shall be an obligation of
General Dynamics to pay sable within thirty (30) days following
the completion of such repairs.
5.
General Dynamics covenants and agrees that it will not make,
suffer or permit any waste of the demised premises, will not
place any improvements upon the demised premises nor place any
sign or signs upon said premises nor shall General Dynamics make
any alterations to said premises except such as may first be
approved in writing by the Real Property Management Dep. of the
City of Fort Worth.
6.
General Dynamics covenants and agrees that it shall not make
or suffer any unlawful, improper or offensive use of the demised
premises or any part thereof. In this connection, General,Dynamics
covenants and agrees that it will not permit the use of loud, abusive,
foul, obscene language, nor will it permit any obscene acts or con-
duct by any person or persons upon said premises, and that the use
of such language or the occurrence of any obscene acts or conduct
shall result in the removal of any person or persons who used or
performed same From said premises by General Dynamics, its officers,
agents, servants or employees.
7.
General Dynamics covenants and agrees to comply with all laws,
federal, state and local, including all ordinances of the City of
Fort Worth, and all rules, regulations and requirements of the Police,
Fire, Health, Public Works, and Park and Recreation Departments.
It is agreed and understood that if City calls the attention of
General Dynamics to any such violation on the part of General
Dynamics or any officer, agent, servant or employee of General
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Dynamics, then General Dynamics shall immediately desist from
and correct such violation.
8.
it is agreed and understood that General Dynamics shall
operate hereunder as an independent contractor as to all rights
and privileges herein contained, and not as an officer, agent,
servant or employee of City. General Dynamics shall have the
exclusive right to control the details of all activities con-
ducted on said premises under this agreement, and all persons
conducting same; and shall be solely responsible for the acts
and omissions of its officers, agents, employees, contractors
and subcontractors. The doctrine of respondeat superior shall
have no application as between City and General Dynamics, and
nothing herein shall be construed as creating a partnership or
joint enterprise between City and General Dynamics.
9.
General Dynamics covenants and agrees that City shall in no
way nor under any circumstances be responsible for any property
belonging to General Dynamics, its officers, agents, servants, or
employees or its licensees, invitees or trespassers, which may be
stolen, destroyed or in any way damaged, and General Dynamics
hereby indemnifies and holds harmless city, its officers, agents,
servants and employees from and against any and all such claims.
10.
General Dynamics covenants and agrees to and does hereby, in-
demnify, hold harmless and defend, City, its officers, agents,
servants and employees from and against any and all claims or suits
for property loss or damage and/or personal injury, including death,
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to any and all persons, of whatsoever kind or character, whether
zeal or asserted, arising out of or in connection with the leasing,
maintenance, use, occupancy, existence or location of said demised
premises, whether or not caused, in whole or in part, by alleged
negligence of officers, agents, servants, employees, contractors,
subcontractors, licensees or invitees of City; and General Dynamics
hereby assumes all liability and responsibility of city, its officers,
� d l
agents, servants and employees for property loos or damage and/or
personal injury, including death, to any and all persons, of what-
soever kind or character, whether real or asserted, arising out
of or in connection with the leasing, maintenance, use, occupancy,
existence or location of said demised premises, whether or not
caused, in whole or in part' by alleged negligence of officers,
agents, servants, employees, contractors, subcontractors, licensees,
or invitees of city. General Dynamics shall likewise indemnify and
bold harmless city for any and all injury or damage to said premises,
whether arising out of or in cuoorctiuo with any and all acts or
omissions of General Dynamics, its officers' agents, employees,
contractors, subcontractors, licensees, invitees, or trespassers,
'
or caused, in whole or in part, by alleged negligence of officers,
agents, servants, emeInyeoa^ contractors, subcontractors, licensees
or invitees of city.
lI.
General Dynamics covenants and agrees to furnish to City u
certificate of insurance as proof that it has secured and paid for
a policy of public liability i000caoco covering all public risks
related to the proposed performance of the terms and conditions of
this contract. The amounts of such insurance shall not be less than
the maximum liability which can be imposed on city under the laws
of the State of Teouu. At present, such amounts shall be as
follows:
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Property damage, per accident 10,000
Personal injury or death, per person $100,000
Personal injury or death, per accident $300,000
with the understanding of and agreement by General Dynamics that
such insurance amounts may be revised upward at City's option and
that General Dynamics covenants and agrees to so revise such amounts
within thirty (30) days following notice to General Dynamics of such
requirements.
12.
General Dynamics covenants and agrees that it shall not sublet
or assign all or any part of its rights, privileges or duties under
this lease agreement, and any attempted sublease or assignment of
same shall be void and constitutes a termination of this lease
agreement.
13.
That General Dynamics agrees and covenants that if it fails to
pay any rental payment promptly when due, then City may, at its
option, declare this lease or the balance thereof forfeited, and,
upon such declaration, said lease shall be immediately terminated
as to the remainder of the term thereof. General Dynamics covenants
and agrees that in the event of a breach of any covenant contained
herein by General Dynamics, then and in that event City may, at its
option, declare this lease forfeited and terminated as to the
balance of the term thereof, and enter upon and take possession
of the premises and General Dynamics covenants and agrees to give
up and peaceably deliver immediate possession of the demised
premises to the City.
14.
General Dynamics covenants and agrees that in the event this
lease shall be terminated or forfeited for any reason, General
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Dynaffiics shall deliver immediate possession of said demised
premises to City; and if General Dynamics shall fail and
refuse to deliver such immediate possession upon such for-
feiture or termination of this lease, City shall have the
right to expel and remove forcibly, if necessary, General
Dynamics and its property, therefrom, and in such event City
shall incur no liability as a result of such removal. General
Dynamics agrees that in the event of a termination or forfeiture
of this lease, as aforesaid, General Dynamics shall indemnify
City for all loss or damage which City may incur or suffer
during the remainder of the period of time covered by this lease,
whether such loss shall be through decreased rentals or otherwise.
15.
General Dynamics further agrees and covenants that it will,
at the end of the term of this lease, peaceably deliver up unto
City the demised premises and all appurtenances or improvements
thereon in a good state of repair as aforesaid, and vacant, un-
encumbered, and in good and tenantable condition.
16.
General Dynamics covenants and agrees that should any action,
whether real or asserted, at law or in equity, arise out of the
terms of this agreement, venue for said action shall lie in
Tarrant County, Texas.
IN WITNESS WHEREOF, the parties herein have executed this
agreement at Fort Worth, Tarrant County, Texas, on this �7&ay
Of
CITY OF FORT WORTH
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Utaw 4418,
I�Ay Attorney
GENERAL DYNAMICS CORPORATION
Fort Worth Division
ad
C
Charles A. Anderson
Vice President and General Manager
ATTEST:
Assistant Secretary
ion _-t Authorization
Z
Date
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THE STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME,the undersigned authority, a Notary Public in
and for the State and County aforesaid, on this daypersonally
appeared (-�yujp,�,R.pnck rSck. ,��reQtc ���ni maxk"Vp
of General Dynamics Corporation, FortWorth Division, known to
me to be the person and officer whose name is subscribed to the
foregoing instrument and acknowledged to me that the same was
the act of said General Dynamics Corporation, Fort Worth Division,
and that he executed the same as the act of such corporation for
the purposes and consideration therein expressed, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SELL OF OFFICE, this day of
A. D.
p�00000coc�00000cc»oo a000c"+.
X r;•v4 TERESA L.SHOUSE
lXS ����' Nmary public,State of Texas
e"�.'„�..'' My Odnmissfon Fxplres 08 20198E$ Notary ub 4c in and for Tarrant
County, Texas
�ooa000cn00000O0O00000c0000m
THE STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in
and for the State and County aforesaid, on this day personally
appeared DqVia I yo&y known to me to be the person whose
name is subscribed to the foregoinginstrument, and acknowledged
to me that he executed the same as the act and deed of the City
of Fort Worth, a municipal corporation of Tarrant County, Texas,
and as the Assistant City Manager thereof, and for the purposed
and consideration therin expressed, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this /f day of
A. D. $�
(y ^� DONALD R.SHOULDERS Notary Public in and for Tarrant
\ _ Notary Public,State of Texas County, Texas
—'My Commission Expires
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City of Fort Worth, Texas
.mayor and Colo-I cil Comm'd l niccat io �
DATE REFERENCE suBJECT:
EXTENSION OF GENERAL DYNAMICS' PAGE
NUMBER
6-2-88 **L-9466 LAKE WORTH LEASE - LOT A, BLOCK 32
Recommendation
It is recommended that:
1. The City Council authorize the City Manager to enter into a lease
agreement with General Dynamics covering a two acre tract at $2,500.00 per
year for five years, with an option to renew the lease agreement for an
additional five years.
Discussion
In 1978, the City of Fort Worth leased a two acre tract of land to General
Dynamics for parking purposes. The tract of land is known as Lot A, Block 32,
Lake Worth Lease Survey. The lease was for a period of five years with an
optional subsequent secondary term of five years. The amount of lease rental
was $1 ,800.00 per year. The area leased to General Dynamics is on the east
side of Bomber Road. In 1983, the lease was extended to 1988.
The Assistant General Council for General Dynamics has indicated that General
Dynamics again wants to lease this area for parking under the same general
terms and conditions of the 1983 contract. Exceptions to the original
agreement is that the annual lease rental will be $2,500.00 per year.
DAI :wt
SUBMITTED FOR IHt
CITY MANAGER'S David Ivory DISPOSITION BY COUNCIL: PROCESSED BY
OFFICE BY: y ❑ APPROVED
ORIGINATING [ OTHER (DESCRIBE)
DEPARTMENT HEAD: Michael E. Pyles ds CITY SECRETARY
FOR ADDITIONAL INFORMATION Michael E. Pyles es 8362
CONTACT: Y DATE